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(영문) 부산지방법원 2016.08.19 2015가단69989
주주매매대금반환
Text

1. The Defendant, from February 25, 2012, as to the Plaintiff A, KRW 26,42,743, and KRW 24,949,191, and each of the said money.

Reasons

1. Basic facts

A. The Plaintiffs, the Defendant, and D Co., Ltd. (hereinafter referred to as “D”) invested USD 5,500,000 on July 12, 2007, thereby establishing a corporation under the name “E” in Hong Kong (hereinafter referred to as “E”) (the investment amount and equity ratio by shareholder is as indicated in attached Table 1, 1, 2, 2, 300 as indicated in attached Table 1, and F is a person who borrowed and invested in the name of Vietnam with the Defendant). Since then on August 207, 2007, the Plaintiff, the Defendant, and D Co., Ltd. (hereinafter referred to as “EM”) were established as a subsidiary of “EM” for the purpose of “a project for giving and receiving stocks, etc.” due to investment by 100% of the Hong Kong corporations.

B. Around January 6, 2012, the Plaintiffs, the Defendant, and the F, upon delegation of D, agreed to sell approximately 40% of the shares of the Hong Kong corporations (except for shares of H, I, and G) to USD 3,916,00 in the amount of USD 3,916,00 in the annual fund management company of the Netherlands (hereinafter collectively referred to as “J and K”) and the amount of USD 3,916,00 in the amount of the above share purchase price to the entire shareholders of the Hong Kong corporations, including H, I, and G, who manage the funds of the Netherlands, in order to recover some of the investments made by the shareholders of the Hong Kong corporations. Meanwhile, at the time, the Plaintiffs agreed to distribute the above share purchase price to the entire shareholders of the Hong Kong corporations including H, G upon receipt by the Defendant and the purchaser.

C. After that, on February 24, 2012, the Defendant received USD 3,128,884 from the purchaser to the account in the name of the Defendant. On the same day, the Defendant distributed USD 2,548,00 to the shareholders of the Hong Kong corporation as shown in attached Table 2, as shown in attached Table 2, (3) (attached Table 1).

[Ground of recognition] Facts without dispute, Gap evidence 1, 2, 8, Eul evidence 3, the purport of the whole pleadings

2. Determination

A. The share purchase price according to the plaintiffs' share ratio.

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